Brookfield backs off on action against unionist

Developer Brookfield Multiplex pulled out of a Federal Court action designed to prevent militant unionist Joe McDonald from coming within 100 metres of its construction sites in Western Australia.

Court filings show that the developer and the Construction, Forestry, Mining and Energy Union, where Mr McDonald is WA assistant secretary, agreed to halt proceedings and pay their own legal costs.

The negotiated outcome appears to favour the union, since Mr McDonald has not had restraints placed on him that he was not already subject to.

WA secretary Kevin Reynolds said the parties had reached an arrangement. “Absolutely, he can still come within 100 metres," Mr Reynolds said, referring to Mr McDonald’s access to Brookfield work sites. “As a matter of fact, he regularly has meetings outside their gates."

In their original court statements, Brookfield’s lawyers alleged Mr McDonald repeatedly engaged in unlawful industrial action on its work sites back to 2009.

Brookfield’s construction arm has several major projects in WA, such as the Fiona Stanley Hospital in the Perth suburb of Murdoch.

A Brookfield spokeswoman could not explain why the developer started and ended litigation without any obvious resolution. “The status quo has been maintained," she said.

Mr McDonald has previously defended his actions, citing safety concerns for unauthorised appearances on work sites across Perth. He recently failed to retrieve his state right-of-entry permit from the WA Industrial Relations Commission, which means he is not able to enter work sites without an invitation.

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The commission noted that Mr McDonald had received four convictions for trespass in a 12-month period. Holders of the permit have various rights, such as the ability to enter a work site without invitation if they are concerned about safety.

A spokeswoman for Brookfield said legal action had been shelved rather than cancelled.

Recent alleged incursions by Mr McDonald onto Brookfield work sites coincided with tense negotiations over a new agreement between the developer and the WA branch of the union.